record

record

1) v. (rick-cored) to put a document into the official records of a county at the office of the County Recorder or Recorder of Deeds. The process is that the document is taken or sent to the Recorder's office, a recording fee paid, the document is given a number (a document number, volume or reel number and page number), stamped with the date (and usually the time) of recording and then in most modern offices, microfilmed and the document returned a short time later. Normally recorded is any document affecting title to real property such as a deed, deed of trust, mortgage, reconveyance, release, declaration of homestead, easement, judgment, lien, request for notice of default, foreclosure, satisfaction of judgment, and sometimes long-term leases. These recordings provide a traceable chain of title to the property and give the public "constructive" notice of all interests in the property. In most states if there is more than one document affecting the property, (such as two deeds, two mortgages, or a judgment and mortgage) the first one recorded has "seniority" and first claim on the property in what is called a "race to the courthouse." 2) v. to write down or tape the minutes, financial transactions, discussions and other happenings at meetings. 3) n. (wreck-urred) in trials, hearings or other legal proceedings the total of the proceedings which are transcribed by a court reporter and included in the minutes of the clerk or judge, as well as all the documents filed in the case. On an appeal, the record includes everything that transpired before the appeal, upon which the written briefs (opposing legal arguments) and oral argument are based. On appeal the court can consider only the record, unless there is a claim of "newly discovered evidence." (See: deed, deed of trust, mortgage, race to the courthouse, trial, appeal)

RECORD, evidence. A written memorial made by a public officer authorized by
law to perform that function, and intended to serve as evidence of something
written, said, or done. 6 Call, 78; 1 Dana, 595.
2. Records may be divided into those which relate to the proceedings of
congress and the state legislatures -- the courts of common law -- the
courts of chancery -- and those which are made so by statutory provisions.
3.-1. Legislative acts. The acts of congress and of the several
legislatures are the highest kind of records. The printed journals of
congress have been so considered. 1 Whart. Dig. tit. Evidence, pl. 112 and
see Dougl. 593; Cowp. 17.
4.-2. The proceedings of the courts of common law are records. But
every minute made by a clerk of a court for his own future guidance in
making up his record, is not a record. 4 Wash. C. C. Rep. 698.
5.-3. Proceedings in courts of chancery are said not to be, strictly
speaking, records; but they are so considered. Gresley on Ev. 101.
6.-4. The legislatures of the several states have made the enrollment
of certain deeds and other documents necessary in order to perpetuate the
memory of the facts they contain, and declared that the copies thus made
should have the effect of records.
7. By the constitution of the United States, art. 4. s. 1, it is
declared that "full faith and credit shall be given, in each state, to the
public acts, records and judicial proceedings of every other state; and the
congress may, by general laws, prescribe the manner in which such acts,
records and proceedings shall be proved, and the effect thereof." In
pursuance of this power, congress have passed several acts directing the
manner of authenticating public records, which will be found under the
article Authentication.
8. Numerous decisions have been made under these acts, some of which
are here referred to. 7 Cranch, 471; 3 Wheat. 234; 4 Cowen, 292; 1 N. H.
Rep. 242; 1 Ohio Reports, 264; 2 Verm. R. 263; 5 John. R. 37; 4 Conn. R.
380; 9 Mass 462; 10 Serg. & Rawle, 240; 1 Hall's N. York Rep. 155; 4 Dall.
412; 5 Serg. & Rawle, 523; 1 Pet. S. C. Rep. 352. Vide, generally, 18 Vin.
Ab. 17; 1 Phil. Ev. 288; Bac. Ab. Amendment, &c., H; 1 Kent, Com. 260;
Archb. Civ. Pl. 395; Gresley on Ev. 99; Stark. Ev. Index, h.t.; Dane's Ab.
Index, h.t.; Co. Litt. 260; 10 Pick. R. 72; Bouv. Inst. Index, h.t.

TO RECORD, the act of making a record.
2. Sometimes questions arise as to when the act of recording is
complete, as in the following case. A deed of real estate was acknowledged
before the register of deeds and handed to him to be recorded, and at the
same instant a creditor of the grantor attached the real estate; in this
case it was held the act of recording was incomplete without a certificate
of the acknowledgment, and wanting that, the attaching creditor had the
preference. 10 Pick. Rep. 72.
3. The fact of an instrument being recorded is held to operate as a
constructive notice upon all subsequent purchasers of any estate, legal or
equitable, in the same property. 1 John. Ch. R. 394.
4. But all conveyances and deeds which may be de facto recorded, are
not to be considered as giving notice; in order to have this effect the
instruments must be such as are authorized to be recorded, and the registry
must have been made in compliance with the law, otherwise the registry is to
be treated as a mere nullity, and it will not affect a subsequent purchaser
or encumbrancer unless he has such actual notice as would amount to a fraud.
2 Sell. & Lef. 68; 1 Sch. & Lef. 157; 4 Wheat. R. 466; 1 Binn. R. 40; 1
John. Ch. R. 300; 1 Story, Eq. Jur. Sec. 403, 404; 5 Greenl. 272.

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